BAHRAIN Law and Practice Contributed by: Noor Al Rayes, Fatema Sarhan, Bradley Price and Raghad Al Matrook, Al Tamimi & Company
6.3 Timing of Applications for Interim Relief Applications for interim relief can be made before, dur- ing or after judgment (pending execution). The Court of Urgent Matters typically provides 24-hour notice unless circumstances require shorter notice. Interim proceedings are usually resolved within approximately three months. In arbitration, parties may request interim relief from the court before or during proceedings. Emergency arbitrator relief is available under the BCDR Arbitration Rules 2022 prior to full tribunal appointment. 6.4 Security for Costs Courts and tribunals may order security for costs, though this is rarely used in litigation. While very rare in court proceedings, security may be ordered where there is a real risk the defendant will be unable to recover costs if successful. This may arise where the claimant is insolvent, has no assets in Bah- rain or is resident abroad, or where there is evidence of abuse of process. In arbitration, tribunals may require security for costs when interim measures are requested. Non-compli- ance may result in staying or dismissing the claim. Security for costs is increasingly relevant in interna- tional arbitration, particularly where third-party fund- ing is involved. 6.5 Interim Injunctions Interim injunctions are available but uncommon. Courts generally grant them to prevent interference with rights or preserve the status quo pending reso- lution. In arbitration, tribunals may order interim measures to: • maintain or restore the status quo; • prevent imminent harm or prejudice to proceed- ings; and/or • preserve assets or evidence. Applicants must demonstrate likelihood of irreparable harm and a reasonable prospect of success on the
merits. Tribunals may modify, suspend or terminate measures as needed. Anti-suit or anti-arbitration injunctions are legally per-
missible but rarely granted. 6.6 Summary Judgment
Bahrain does not have a formal summary judgment procedure equivalent to common law jurisdictions. However, expedited mechanisms exist: • the Court of Urgent Matters can hear urgent claims requiring immediate relief; and • default judgments are available where defendants fail to appear after proper summons; court still considers the merits before issuing judgment. Early dismissal is rare; courts generally hear substan- tive claims fully before determination. Foreign summary or default judgments may be recog- nised and enforced if a certificate of finality or enforce- ability is provided, subject to the Civil and Commercial Procedures Act. 7. Mass Claims and Class Actions 7.1 Procedural Mechanisms No Dedicated Statute Bahraini law does not recognise collective redress mechanisms such as opt-out class actions or formal group litigation. Litigation is primarily an individual process based on the concept of personal and direct interest. While there is no formal “class action” procedure as such, Bahrain’s Labour Law does provide a frame- work for collective labour disputes, which is the clos- est equivalent. Requests for collective disputes are forwarded to the Trade Union Affairs Department of the Ministry of Labour by employee groups or union organisations, who are encouraged to mediate issues amicably before filing a formal complaint to the Col- lective Arbitration Panel or the Collective Labour Dis- putes Settlement Council.
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